[House Report 108-777]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-777
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PECHANGA BAND OF LUISENO MISSION INDIANS LAND TRANSFER ACT OF 2004
_______
November 17, 2004.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4908]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4908) to transfer certain land in Riverside County,
California, from the Bureau of Land Management to the United
States to be held in trust for the Pechanga Band of Luiseno
Mission Indians, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pechanga Band of Luiseno Mission
Indians Land Transfer Act of 2004''.
SEC. 2. TRANSFER OF LAND IN TRUST FOR PECHANGA BAND OF LUISENO MISSION
INDIANS.
(a) Transfer and Administration.--Effective on the date of the
enactment of this Act and subject to valid existing rights, all right,
title, and interest of the United States in and to the Federal lands
described in subsection (b), including all improvements thereon,
appurtenances thereto, and rights to all minerals thereon or therein,
including oil and gas, water, and related resources, shall be held by
the United States in trust for the Pechanga Band of Luiseno Mission
Indians, a federally recognized Indian tribe. The transferred land
shall be declared part of the Pechanga Indian Reservation and
administered in accordance with the laws and regulations generally
applicable to property held in trust by the United States for an Indian
tribe.
(b) Description of Land.--The lands referred to in subsection (a)
consist of approximately 990.74 acres in Riverside County, California,
as referenced on the map entitled, ``H.R. 4908, Pechanga Land Transfer
Act'' and dated September 13, 2004, which, before the transfer under
such subsection, were administered by the Bureau of Land Management and
are more particularly described as follows:
(1) Sections 29, 30, and 32 of township 8 south, range 2
west, San Bernardino base and meridian.
(2) Section 6 of township 9 south, range 2 west, San
Bernardino base and meridian.
(3) Mineral Survey 3540, section 22 of township 5 south,
range 4 west, San Bernardino base and meridian.
(c) Survey.--As soon as practicable after the date of the enactment
of this Act, the Office of Cadastral Survey of the Bureau of Land
Management shall complete a survey of the lands transferred under
subsection (a) for the purpose of establishing the boundaries of the
lands.
(d) Map on File.--The map referred to in subsection (b) shall be on
file in the appropriate offices of the Bureau of Land Management.
(e) Legal Descriptions.--
(1) Publication.--On approval of the survey completed under
subsection (c) by the duly elected tribal council of the
Pechanga Band of Luiseno Mission Indians, the Secretary of the
Interior shall publish in the Federal Register--
(A) a legal description of the boundary lines; and
(B) legal description of the lands transferred under
subsection (a).
(2) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1), such legal
descriptions shall be the official legal descriptions of the
boundary lines and the lands transferred under subsection (a).
(f) Rules of Construction.--Nothing in this Act shall--
(1) enlarge, impair, or otherwise affect any right or claim
of the Pechanga Band of Luiseno Mission Indians to any land or
interest in land that is in existence before the date of the
enactment of this Act; or
(2) affect any water right of the Pechanga Band of Luiseno
Mission Indians in existence before the date of the enactment
of this Act.
(g) Restricted Use of Transferred Lands.--The lands transferred under
subsection (a) may be used only for the protection, preservation, and
maintenance of the archaeological, cultural, and wildlife resources
thereon.
PURPOSE OF THE BILL
The purpose of H.R. 4908 is to transfer certain land in
Riverside County, California, from the Bureau of Land
Management to the United States to be held in trust for the
Pechanga Band of Luiseno Mission Indians, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4908 transfers approximately 991 acres of public land
(including improvements), in two parcels administered by the
Bureau of Land Management (BLM) to the Pechanga Band of Luiseno
Mission Indians. The lands, located in Riverside County,
California, will be held in trust by the United States for the
benefit of the tribe.
The tribe seeks to acquire these lands in trust to preserve
their archaeological, cultural, and wildlife resources. The
larger parcel (approximately 971 acres) is adjacent to the
Pechanga Reservation and it consists mainly of jagged,
mountainous terrain. It contains important ancestral sites. The
smaller parcel (approximately 20 acres) is 12 miles from the
tribe's reservation, near land acquired in fee by the tribe
several years ago from Riverside County. This parcel contains
an important ancestral archaeological site, and is managed by
the tribe under a memorandum of understanding with the BLM. The
Pechanga Band desires to conserve and manage the properties for
their cultural and wildlife values and has already enacted
tribal laws and ordinances for this purpose.
Under H.R. 4908, the land transfer is effected upon
publication of a survey of the lands described in the bill.
Improvements to the land are included in the transfer, and all
such interests will be held in trust by the United States for
the benefit of the tribe.
After the bill was ordered favorably reported from the
Committee on Resources, the Committee was made aware of the
habitat conservation plan (HCP) for Riverside County and San
Diego County prepared under the Endangered Species Act. The
lands transferred under this bill are within that area. The
protections provided under tribal law and under H.R. 4908 (as
amended) for the transferred lands are consistent with this
HCP; however, the Committee urges all parties including the
tribe to study further any legal implications of the transfer
on the HCP and resolve them expeditiously.
COMMITTEE ACTION
H.R. 4908 was introduced on July 22, 2004, by
Representative Darrell Issa (R-CA). The bill was referred to
the Committee on Resources. On September 21, 2004, the Full
Committee held a hearing on the bill. On September 22, 2004,
the Full Resources Committee met to consider the bill. Chairman
Richard Pombo (R-CA) offered an amendment in the nature of a
substitute to place restrictions on development of the land
conveyed to the tribe under this bill and to make other
technical and clarifying changes. It was adopted by unanimous
consent. The bill as amended was then ordered favorably
reported to the House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget office,
enactment of this bill could affect direct spending (including
offsetting receipts) but any such impact would be
``negligible.''
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 4908--Pechanga Band of Luiseno Mission Indians Land Transfer Act
of 2004
CBO estimates that enacting H.R. 4908 would have no
significant impact on the federal budget. The bill could affect
direct spending (including offsetting receipts), but we
estimate that any such effects would be negligible. Enacting
H.R. 4908 would not affect revenues. H.R. 4908 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act. Enacting this bill would benefit
the tribe and would have no significant impact on the budgets
of other state, local, or tribal governments.
H.R. 4908 would direct the Secretary of the Interior to
give two tracts of federal land in California totaling
approximately 991 acres to the Pechanga Indian Reservation, to
be held in trust by the United States on behalf of the Pechanga
Band of Luiseno Missions Indians. According to the Department
of the Interior, the land to be conveyed currently generates no
significant receipts and is not expected to do so during the
next 10 years. Hence, CBO estimates that conveying the land
would not significantly affect offsetting receipts (a credit
against direct spending). Based on information from the
Department of the Interior, we estimate that the administrative
costs of the conveyance, including the required survey, would
be negligible.
The CBO staff contact for this estimate is Mike Waters.
This estimate was approved by Robert A. Sunshine, Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.